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SC held no quashing of NI Act section 138 cheque bounce case by HC u/s 482 of CrPC without consent of Complainant
Case Law Details
- Case Name
- A.S. Pharma Pvt Ltd Vs Nayati Medical Pvt Ltd & Ors. (Supreme Court of India)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- Supreme Court of India
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A.S. Pharma Pvt Ltd Vs Nayati Medical Pvt Ltd & Ors. (Supreme Court of India)
Conclusion: Supreme Court held that High Court was bereft of the power to quash a case under Section 138 of the Negotiable Instruments Act, using the powers inherent to it under Section 482 of the Code of Criminal Procedure, 1973, as long as there was no consent from the complainant. The position was ‘that an offence under Section 138, N.I. Act could be compounded under Section 147 thereof, only with the consent of the complainant concerned’
Held: Appellant filed a Complaint Case alleging com...
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